Policies and Procedures

Policies and Procedures

Regulation of Investigatory Powers Act 2000

South Somerset District Council takes its statutory
responsibilities seriously and it will at all times act in
accordance with the law and take action that is both necessary and
proportionate to the discharge of such statutory responsibilities.
As part of its work the Council may be required to carry out covert
surveillance and other related activities.

The Human Rights Act 1998 (which enacted much of the European
Convention on Human Rights and Fundamental Freedoms 1950 into UK
domestic law) requires the council and agencies working on its
behalf to respect, the rights of individuals to a private and
family life, their home and their correspondence.

However this is a qualified and not an absolute right.
Accordingly, in certain circumstances the council may interfere
with the citizen's rights mentioned above if such interference
is:­

(a) in accordance with the law;

(b) necessary; and

(c) proportionate.

RIPA provides the mechanism for authorising covert surveillance
and the use of a 'covert human intelligence source' e.g. undercover
agents. It also allows for the acquisition and disclosure of
communications data and the investigation of electronic data
protected by encryption. The main use of RIPA for this council is
in relation to covert surveillance. In this context RIPA seeks to
ensure that any interference with an individual's right under
Article 8 of the European Convention (Right to respect for Private
& Family Life) is necessary and proportionate.

Officers who wish to carry out covert surveillance or other
activities authorised by RIPA are required to have undergone
suitable training by this council. An application would need to be
made to an authorising officer who has also received suitable
training and is approved to consider such applications. Every time
an application is made that authorising officer will be considering
whether the proposed surveillance is necessary i.e. is
there any other way of getting the information and
proportionate i.e. does the alleged wrong justify the
interference with an individual's rights. Once internal
approval has been given judicial approval is necessary, therefore
an application must be made to the Magistrates Court for approval
by a JP (District Judge or Magistrate) before directed surveillance
can be undertaken.

The council has adopted a Policy and
Procedures guide that sets out the council's position and the
procedures that officers are required to follow.